Landlord not returning deposit

[Samsamuppet]

We were renting a property in which we paid £1000 deposit which was suppose to be put in a tenancy deposit scheme. The paperwork that my partner and I signed along with the Landlord stated the the deposit was to be held with TDS. When we left the property at the end of the tenancy and tried to find our deposit the TDS said they have never had it. We have checked with the other 3 goverment backed schemes which all say they have not got or ever had our deposit. We have written to Landlord who has not replied to us. has any one got any other ideas?

[FlamingParrot]

Re: Landlord not returning deposit

Hi and welcome to LB!

You may want to take a look here for a start: http://www.legislation.gov.uk/uksi/2.../contents/made

There's a nice lady here who knows all about these issues, :yo: I'll ask her to pop in and explain in more detail. :thumb:

[des8]

Re: Landlord not returning deposit

Hi,
Just stumbled across your question.
If the landlord failed to place the deposit in a protected scheme he could be in for a shock if you take action in county court. He could be ordered to pay you three times the amount of the deposit.
There is plenty of advice available on how to do this if you don't want to use a solicitor (eg see hrer on "forums..bringing a claim")

[PlanB]

Re: Landlord not returning deposit

If the landlord failed to place the deposit in a protected scheme he could be in for a shock if you take action in county court. He could be ordered to pay you three times the amount of the deposit.
There is plenty of advice available on how to do this if you don't want to use a solicitor (eg see hrer on "forums..bringing a claim")

That's changed. The Supreme Court ruled that once the tenant had left a property the "three times the deposit" penalty was no longer mandatory.

[PlanB]

Re: Landlord not returning deposit

We were renting a property in which we paid £1000 deposit which was suppose to be put in a tenancy deposit scheme. The paperwork that my partner and I signed along with the Landlord stated the the deposit was to be held with TDS. When we left the property at the end of the tenancy and tried to find our deposit the TDS said they have never had it. We have checked with the other 3 goverment backed schemes which all say they have not got or ever had our deposit. We have written to Landlord who has not replied to us. has any one got any other ideas?

If you've got the Landlord's address then send a Letter Before Action using the sample letter template in this link. Send it by Royal Mail Recorded Delivery and give a firm deadline for his response or else you will issue legal proceedings in the county court. I find that usually does the trick

http://england.shelter.org.uk/get_ad...y_deposit_back

[des8]

Re: Landlord not returning deposit

That's changed. The Supreme Court ruled that once the tenant had left a property the "three times the deposit" penalty was no longer mandatory.

Knew it was no longer mandatory, but was under the impression since April 2012 a court COULD award upto 3x the deposit as compensation, even to tenants who had already vacated premises. And I haven't looked it up